INTEREST: PREJUDGMENT

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Masney Auto Transport, Inc. v. Shipper’s Transport Company, ___ So. 3d ___, 36 Fla. L. Weekly D901 (Fla. 5th DCA 4/29/11

“[T]he trial court erred by striking [the plaintiff’s] claim for pre-judgment interest on the . . . past, out-of-pocket, lost profit damages that the jury’s verdict liquidated.”… Click To Read Full Case Law Review...

REAL ESTATE: HOMEOWNERS ASSOCIATIONS: DECLARATORY JUDGMENT: STANDING

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Homeowner’s Association of Overlook, Inc. v. Seabrooke Homeowners’ Association, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D906 (Fla. 2d DCA 4/29/11)

Seabrooke was a master homeowners association with three members: Overlook, Promenade, and Vistas, each of which had its own homeowners association. Seven members of Seabrooke, who were not members of Overlook, sued Seabrooke and obtained a judgment … Click To Read Full Case Law Review...

TRIAL: FAMILY LAW: EVIDENCE: AFFIDAVIT

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Fortune v. Fortune, ___ So. 3d ___, 36 Fla. L. Weekly D869 (Fla. 2d DCA 4/27/11)

The trial court abused its discretion by admitting into evidence an affidavit during the trial of a matrimonial case. “The affidavit, an out-of-court statement offered to prove the truth of the matter asserted, is the most basic form of hearsay. . . .  It … Click To Read Full Case Law Review...

CONTRACTS: REAL ESTATE: UNILATERAL ALTERATION OF EXECUTED CONTRACT DID NOT RENDER ORIGINAL CONTRACT UNENFORCEABLE; CONSTRUCTION LIENS: TIMELINESS, FRAUD

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Sam Rodgers Properties, Inc. v. Chmura, ___ So. 3d ___, 36 Fla. L. Weekly D871 (Fla. 2d DCA 4/27/11)

After the buyer entered into a contract for the construction of a home, the builder altered the contract by whiting out the original purchase price and inserting a larger one. When the purchaser refused to make two “draw” payments on the … Click To Read Full Case Law Review...

TRIAL: VOIR DIRE: GENDER DISCRIMINATION

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Sabine v. State, ___ So. 3d ___, 36 Fla. L. Weekly D874 (Fla. 2d DCA 4/27/11)

The trial court erred by failing to conduct a Melbourne inquiry when defense counsel requested a gender neutral explanation after the State exercised a peremptory challenge of a male juror. Instead, the trial court erroneously attempted to discern “whether a pattern of improper gender-based … Click To Read Full Case Law Review...